This annex provides advice on the structure and content of broadcasting legislation for Ghana, reflecting an amalgam of global good practices directly relevant to the Ghanaian context. The information is intended as a framework for the Ghanaian legal drafters’ use. For the sake of conciseness, it is presented in a table, with chapter and section titles on the left, and brief explanations of the sections’ intent on the right. If the legal drafters would find it useful, the Bank will arrange for
conference calls and other discussions to provide clarifications during the drafting process. [Please refer to Section 1.5 of this report (pages 14 - 31) for references to good practice examples discussed in the draft Guide to Good Practices on the
Enabling Environment for Voice and Media, which informed the content below.]
Chapter and Section Titles Explanatory Notes
CHAPTER I:
BROADCASTING SERVICE
AUTHORISATION
1. Prohibition on provision of broadcasting service without authorization
This section would establish the need to obtain a broadcasting service authorisation.
2. Categories of broadcasting service authorization
This section would set out the categories of authorisation including public, commercial, community, institutional and temporary. 3. Application procedure in relation to
broadcasting service authorisation This section would set out procedures for a broadcasting service authorisation. 4. Hearings in relation to applications
for broadcasting service authorisation This section would provide for the option of public hearings to be conducted before issuing a broadcasting service authorisation. 5. Entitlements under and conditions
pertaining to broadcasting service authorisation
This section would confirm the entititlement of the holder of a broadcasting service
authorisation to use the frequency or
frequencies assigned to it for the provision of that broadcasting service subject to
conditions set by the NMC, including technical conditions, content obligations, ownership and other general conditions. 6. Renewal of broadcasting service
authorisations This section would set out arrangements and conditions for renewal of authorisation. 7. Public broadcasting services This section would set out specific criteria to
be used in determining a proposal for a public broadcasting service.
8. Commercial broadcasting services This section would set out specific criteria to be used in determining a proposal for a commercial broadcasting service.
Proposed Content for Broadcasting Legislation (continued) Annex 1
Chapter and Section Titles Explanatory Notes
Chapter 1
(continued)9. Community broadcasting services This section would set out specific criteria to be used in determining a proposal for a community broadcasting service. 10. Institutional and temporary
broadcasting services
This section would set out specific criteria to be used in determining a proposal for institutional and temporary broadcasting services.
11. Limitations on foreign control of
private broadcasting services This section would set out rules on foreign ownership, for example this could include a requirement that ownership be restricted to companies with majority Ghanaian
ownership. 12. Limitations on control of private
broadcasting services This section would set out rules on concentration of ownership, for example this could limit to not more than one radio station covering the same location, and/or limits on the total number of radio or television services.
13. Limitations on cross-media control of private broadcasting services
This section would set out rules on ownership across more than one media, for example this could be used to prevent a newspaper from holding majority ownership in a television and a radio station serving the same location.
14. Prohibition on granting of
broadcasting service authorisation to party political or religious bodies
This section would prevent party political opr religious bodies from operating a
broadcasting service. 15. Amendment of broadcasting service
authorisation This section would provide for the NMC to make amendments to a broadcasting service authorisation
16. Term of broadcasting service
authorisation This section would set out the duration for which the broadcasting service authorisation is valid, for example six or eight years. 17. Record of programmes broadcast by
broadcasting service operators This section would set out a requirement on broadcasting service operators to record and retain a copy of their programme output for a fixed period eg 28 days, after broadcast.
Proposed Content for Broadcasting Legislation (continued) Annex 1
Chapter and Section Titles Explanatory Notes
CHAPTER II:
FREQUENCY ASSIGNMENT FOR
BROADCASTING SERVICES
18. NMC principally vested with powers in relation to planning and use of broadcasting services frequency bands
This section would establish that primary responsibility for the planning and use of broadcasting frequencies rests with the NMC. This is a policy not a technical function. 19. Broadcasting Frequency Plan This section would set out the need to
establish a frequency plan for broadcasting. 20. Joint NMC / NCA Frequency
Management Committee This section would establish a Joint NMC/NCA Frequency Management
Committee to coordinate between the policy and regulatory responsibilities of the NMC and the frequency assignment responsibilities of the NCA.
21. Transmitters and transmission characteristics to be assigned by NCA
This section would establish that the technical parameters for transmitters and transmission coverage are to be assigned by the NCA within the framework of the
broadcasting frequency plan and to meet the technical requirements of a broadcasting service authorisation.
22. General technical obligations of
broadcasting service operators This section would set out the duty of broadcasting service operators to comply with the assigned technical parameters 23. Powers of NCA to enforce
compliance with technical obligations
This section would provide the NCA with powers to warn in the case of non-
compliance and to request compliance. The NCA would also have limited powers of intervention to suspend a service in cases of serious interference causing immediate harm. 24. Obligations of third party carriers of
broadcasting services This section would provide that third party carriers of broadcasting services must be registered as such with the NMC and may only carry authorised broadcasting services.
Proposed Content for Broadcasting Legislation (continued) Annex 1
Chapter and Section Titles Explanatory Notes
CHAPTER III:
REGULATION OF BROADCASTING
CONTENT
25. Broadcasting standards This section would provide a primary law basis for (updated) NMC Broadcasting Standards.
26. Advertising standards This section would provide a primary law basis for (new) NMC Advertising Standards. 27. Prohibition on broadcasting of party
election broadcasts except in certain circumstances
This section would provide a primary law basis for (updated) NMC Guidelines for Political Reporting
28. Broadcasting of party election broadcasts by broadcasting service operators during election period
This section would provide a primary law basis for (updated) NMC Guidelines for Political Reporting
29. Equitable treatment of political parties by broadcasting service operators during election period
This section would provide a primary law basis for (updated) NMC Guidelines for Political Reporting
CHAPTER IV :
ENFORCEMENT
30. Broadcasting Monitoring and
Complaints Committee This section would amend the NMC Act 1993 to provide a new primary law basis for (updated) NMC Broadcast Service Monitoring and Complaints Settlement Procedures 31. Hearings held by Broadcasting
Monitoring and Complaints Settlement Committee
This section would amend the NMC Act 1993 to provide a new primary law basis for
(updated) NMC Broadcast Service Monitoring and Complaints Settlement Procedures 32. Recommendations of Broadcasting
Monitoring and Complaints Settlement Committee
This section would amend the NMC Act 1993 to provide a new primary law basis for
(updated) NMC Broadcast Service Monitoring and Complaints Settlement Procedures
33.Powers of NMC in Cases of Proven Non-compliance with Act, Licence Conditions or Regulatory codes
This section would amend the NMC Act 1993 to provide a new primary law basis for
(updated) NMC Broadcast Service Monitoring and Complaints Settlement Procedures
Proposed Content for Broadcasting Legislation (continued) Annex 1
Chapter and Section Titles Explanatory Notes
CHAPTER V:
GENERAL PROVISIONS FOR
GOVERNANCE AND FUNCTIONING
OF THE NMC
35. Establishment of Executive Board of
NMC This section would provide for the establishment and composition of an Executive Board of the NMC.
36. Powers, duties and responsibilities of Executive Board
This section would set out the powers, duties and responsibilities of the Executive Board. 37. Meetings of Executive Board This section would set out the procedures for
meetings of the Executive Board. 38. Establishment of Standing
Committees This section would amend the NMC Act 1993 provision for standing committees to include explicitly a committee for the authorisation of broadcasting services.
39. Powers duties and responsibilities of
Standing Committees This section would amend the NMC Act 1993 to set out powers, duties and responsibilities of Standing Committees.
40. Meetings of Standing Committees This section would set out the procedures for meetings of the Standing Committees
41. Delegations of powers to the Executive Board and Standing Committees
This section would set out the basis on which NMC may delegate powers to the Executive Board or the Standing Committees
42. Inquiries by the NMC This section would provide a new power of the NMC to conduct public inquiries. 43. Register of broadcasting service
authorisations This section would place a duty on the NMC to maintain a public register of broadcasting service authorisations.
44. Records to be kept by broadcasting
service operators This section would set out the record keeping requirements of broadcasting service operators to be included in conditions of authorisation.
45. NMC may demand production of broadcasting service operators books, records, etc
This section would provide a new power to the NMC to require production of
broadcasting service operators books and other records.
46. Transfer of broadcasting service
authorisation This section would set out the conditions, procedures and approvals required in the transfer of a broadcasting service
authorisation from one beneficial owner to another.
Proposed Content for Broadcasting Legislation (continued) Annex 1
Chapter and Section Titles Explanatory Notes
CHAPTER V
(continued)47. Conflict of interest This section would amend the NMC Act 1993 top strengthen the provision for dealing with conflict of interest
48. Confidentiality This section would provide for a new duty of confidentiality for NMC Commissioners. 49. Legislative Instruments This section would provide the NMC with
additional powers to initiate regulatory instruments in relation to broadcasting service authorisation and broadcasting content.